HomeMy WebLinkAboutCC Resolution 4504RESOLUTION NO. 4504
A RESOLUTION AUTHORIZING THE SIGNING
OF A LEASE OR AGREEMENT
THE CITY COUNCIL OF THE CITY OF SAN RAFAEL HEREBY RESOLVES as
fol lows :
The MAYOR and CITY CLERK are authorized to execute,
on behalf of the City of San Rafael a lease or agreement with
PACIFIC GAS AND ELECTRIC COMPANY ,
a copy of which is hereby attached and by this reference made a
part hereof. ("Consent to Common Use" Agreement for P.G. & E.
Easement Across Manual T. Freitas Parkway in the
Green Oaks Subdivision)
1, MARION A. GRADY , Clerk of the City of San Rafael,
hereby certify that the foregoing resolution was duly and regularly
introduced and adopted at a regular meeting of the
Council of said City held on Monday the 4th
day of June _ 19_73 by the following vote, to -wit:
AYES: Councilmen: Jensen, Miskimen, Mulryan, and Mayor Bettini
NOES: Councilmen: None
ABSENT: Councilmen: Nixon MARION A. GRADY, City Clerk
l
CONSENT TO COMMON USE
THIS AGREEMENT, entered into this day of 1 '1973 ,
by and• between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company",
and the CITY OF SAN RAFAEL
hereinafter called "Agency",
WITNESSETH
WHEREAS, Company is the owner in possession of certain rights of way and ease-
ments, hereinafter referred to as "Company's easement", described as follows:
The right of way and easement for a gas line granted to
Company by Rose Freitas Rose and others by deed dated October 14,
1964 and recorded in the office of the Recorder of the County
of Marin in Book 1876 of Official Records at page 522 (2402-
06-0288).
P.%.62-4214 PG 1 OF 4
E. M.
COPY
CONSENT TO COMMON USE
THIS AGREEMENT, entered into this day of 1 '1973 ,
by and• between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company",
and the CITY OF SAN RAFAEL
hereinafter called "Agency",
WITNESSETH
WHEREAS, Company is the owner in possession of certain rights of way and ease-
ments, hereinafter referred to as "Company's easement", described as follows:
The right of way and easement for a gas line granted to
Company by Rose Freitas Rose and others by deed dated October 14,
1964 and recorded in the office of the Recorder of the County
of Marin in Book 1876 of Official Records at page 522 (2402-
06-0288).
P.%.62-4214 PG 1 OF 4
E. M.
COPY
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and
WHEREAS, Agency has acquired certain lands for road purposes, namely
Manuel T. Freitas Parkway and drainage easements
in the vicinity of San Rafael , County of Marin , hereinafter
referred to as "Agency right of way", and
WHEREAS, the Agency right of way occupies a portion of Company's easement and is
subject to said easement, which said portion is hereinafter referred to as "Area of Common
Use" and is described as follows:
Those portions of the strip of land of the uniform width
of 15 feet, delineated by the cross -hatched area upon Company's
Drawing LN 5882, attached hereto and made a part hereof.
P. G. & E. co
COPY
62-4214 PG 2 OF
-3 -
NOW, THEREFORE, Company and Agency hereby mutually agree as follows:
1. Company hereby consents to the construction, reconstruction, maintenance or use
by Agency of said road and drainage facilities
over, along and upon Company's easement in the area of common use subject to Company's
right and easement to use said area of common use for all of the purposes for which Com-
pany's easement was acquired and to the terms and conditions herein contained. Company
does not by this consent and shall not be deemed to subordinate its rights in the area of
common use to any use which Agency shall make of said area.
2. Except as expressly set forth herein, this agreement shall not in any way alter,
modify or terminate any provision of Company's easement or the priority thereof over the
title of Agency in said area of common use. Both Agency and Company shall use said area
of common use in such a manner as not to interfere unreasonably with the rights of the
other. Nothing herein contained shall be construed as a release or waiver of any claim for
compensation or damages which Company or Agency may now have or may hereafter ac-
quire resulting from the construction of additional facilities or the alteration of existing
facilities by either Agency or Company in such a manner as to cause an unreasonable inter-
ference with the use of said area of common use by the other party.
P. G. & E. CO.
COPY 62-4214 PG 3 OF
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-4-
3. This agreement shall inure to the benefit of and be binding upon the successors and
assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
in duplicate by their respective officials thereunto duly authorized.
62-4203 2.73 (Corporation)
PACIFIC GAS AND ELECTRIC COMPANY
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BY—A—",
y _ .,LAND, . MANAGEMENT
NORMAN W. BROWN
Attest
J. {! TAYLC',? Secretary
City of San Rafael
IM
Attest
STATE OF CALIFORNIA l
City and San Francisco r s`
. _......-•-----•--•-••----.....County of_...._--•----...-•-----•---------••-----••---.....................
JJ
Ott this .............. 16 Aril intlne year is -_73 f Lucille Mullen
_...... day of -.------- •---------------------•- y •----- be ore me•. - --------- Lucille ---u -- e - -
a Notary Public in and for the said ..... _..... ...._........-City -and— ---------------- _ County, duly commissioned and sworn, personally appeared
-- -
-.......... - .......... ---......... .... ...... ................................... -------..........•
NormanW. Brown and J. F. Ta-ylor----------------------------------------------------------------------------------------------------------------•---
to me to be the ......... .............. Directorof Land Management and the Secretary, respectively,
.... ...........................................
of the corporation that executed the within instrument, and to be the person_Swho executed the
aarfwrtffo+u�o�uuuorre�o�mmteuomnu��wu�euuo� said instrument on behalf of said corporation therein named, and acknowledged to me that such
OFFICIAL SEAL100 =
LUCILLE MULLEN " corporation executed the within instrument pursuant to its by-laws or a resolution of its board of
NOTARY PUBLIC -CALIFORNIA . directors.
9 city and County ut SWi rRANCISCO 8
My Commisslon Expires January 23, 1975 IN WITNESS bIIHEREOF, I have hereunto set my hand and affixed my official seal in the
ouutuneuoeuuweu�u�seuu�noo�ucn�oino�ae�aa�_.-_--....City and San Francisco
---------•--•-•--•-------- ----------County of ........................... —•-------------------------, the day and
ycar in jr-f certificate first above written.
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